Passenger Railway Services (Public Ownership) Bill

Kieran Mullan Excerpts

Committee of the whole House
Tuesday 3rd September 2024 Commons Chamber

[Dr Kieran Mullan (Bexhill and Battle) (Con)]

It is a pleasure to conclude the Committee of the whole House for the Opposition, and it has been a pleasure to sit and listen to another set of distinguished maiden speeches from Members on both sides. I join the Minister in the tributes he paid to the speeches made from the Government Benches. I pay tribute in particular to the hon. Member for Thurrock (Jen Craft) for her moving remarks about her commitment to her daughter and to the hon. Member for Hendon (David Pinto-Duschinsky) for his powerful remarks about how his life is inspired by the bravery of the woman who saved his father’s life.

On the Opposition side of the House, we had maiden speeches from my hon. Friends the Members for Bridlington and The Wolds (Charlie Dewhirst) and for South West Devon (Rebecca Smith). My hon. Friend the Member for Bridlington and The Wolds did a fantastic job of selling the tourist credentials of his constituency and proudly declared himself the Member for both pigs and lobsters. I am sure that his passion for the place where he grew up will serve his constituents well. My hon. Friend the Member for South West Devon spoke proudly of the history and beauty of her constituency. The House will be richer for her experience working for the War Graves Commission and her interest in foster caring.

We also heard from my right hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), who used her previous experience as a rail Minister to explain clearly the changes that we need and have sought. She also highlighted the lack of evidence and arbitrary nature of the Government’s approach as well as the lack of thinking about the Bill’s implications at a local level for projects such as the west midlands rail hub.

That brings me to the matter before us, where I am afraid my ability to find words of praise dries up. As my hon. Friend the shadow Transport Secretary outlined, we have been asked today to rush through a major change to the operation of our railways on the back of a rushed Second Reading and without all the benefits of a full Bill Committee.

What exactly was it about giving stakeholders in the railway industry the chance to share their views in Bill evidence sessions that the Secretary of State was so afraid of? I wonder what witnesses might have raised—perhaps the fact that the facade of a simple solution to the challenges on the railway presented by the Secretary of State has already fallen away in the intervening weeks since Second Reading. On Second Reading, she praised the already nationalised LNER service while chastising private sector operators, warning them that they needed to get their house in order. I cannot decide whether the ASLEF leadership are just being unkind to her or have a mischievous sense of humour, because the day after crudely championing the no-strings deal they had secured from the Government, where did union bosses announce they intended their next round of industrial action to be? Not in one of the private sector operators that the Secretary of State is rushing to wrest back into public control, but in the publicly owned and run LNER. There could be no more definitive answer to the question of whether the Bill will make any real difference. If public sector operators are the answer, the Secretary of State might want to ask ASLEF why it described its public sector managers as brutal, bullying, promise-breakers. The risks for passengers and taxpayers are in stark headlights. Thankfully, the industrial action has been called off, though passengers’ travel plans were disrupted this weekend. It seems that we will avoid a protracted strike, but what concessions were made to ASLEF, and what involvement did Ministers have? We have no idea, and we will have a similar lack of transparency in future, if the Bill passes unamended.

What of the private sector operators that the Secretary of State has been so critical of, and critical of us for allowing to continue? What can we learn from her dealings with them? Despite all her warm words to her Back Benchers, what has she done since Second Reading, using her existing contractual powers, to bring operators such as Avanti back into public ownership, if she really believes that will make a difference? She has quite literally spent years repeatedly describing it as failing. She has had almost two months to remove the franchise from it, which she could legally do if it were in breach of contract and not delivering, as she has repeatedly implied. I am sure that some of her Back Benchers will have noticed that she has not done that. It is yet further proof that she knows that the question of who runs the railways will not make a material difference.

The Secretary of State knows that bringing Avanti and others into public ownership will not miraculously solve anything. In fact, the seven most punctual operators last year were private sector operators. Of the seven worst performing operators for cancellations in 2023-24, four were publicly run.

At the start of the Committee, the shadow Transport Secretary outlined a number of important questions, which I hoped the Minister would answer in support of his argument that we should vote with him tonight. How will accountability for improving performance be achieved? How will costs be controlled? How will innovation and reform be driven forward? How will pay negotiations be conducted fairly for taxpayers? Those are basic questions that, after 14 years, Labour should be able to answer, but we will vote tonight with them unanswered.

I want services to improve—in that respect, we all want the same thing—but the Bill as is has little chance of making that happen. It will just result in back-room deals that will, more likely, put union bosses first and bring no guarantees of improved performance for passengers. I respect and value railway staff, but Governments have wider responsibilities to taxpayers. The Government have the right to proceed anyway, but our amendments aim to at least ensure accountability and transparency, and would make passengers, not union bosses, the focus.

We seek to ensure the best use of the Committee’s time, so we will not press amendment 18 to a Division, but with permission of the Chair, we will press amendments 14 and 17 to a vote, as the ones most able to secure the best version of the Bill. Amendment 14 makes it crystal clear that the primary duty of public sector operators is to passengers. Whatever ideological change this Government make to the ownership of the railways, that should never change. Amendment 17 aims to prevent a repetition of the no-strings deal given by Labour to its union boss donors, and to ensure independence in the process. Time and again, Labour Ministers have supported the importance of independent advice in determining the pay of public sector workers. Every single Labour MP voting against this amendment lays bare the stranglehold that the rail union bosses have over their Prime Minister and Secretary of State. If they single them out for special treatment, they will need to justify to other public sector workers in their constituencies why rail union bosses are exempt from the processes that to apply to teachers, soldiers, nurses and millions of other staff.

To reiterate, we on the Opposition Benches are in agreement that change is needed, but practicality and what works should come first, not this rushed, ideological approach. Members in all parts of the Chamber can see that our amendments simply create safeguards for passengers and taxpayers, and ensure transparency and fairness. I hope that Government Members can see the benefit of that, and agree, even if they are convinced of the benefits of nationalisation, that there are better ways to do it. In that spirit, I call on them and all Members to support our amendments, and to deliver a better Bill in the Division Lobbies this evening.

Amendment, by leave, withdrawn.

Clause 1 ordered to stand part of the Bill.

Clause 2

Future provision of services

Amendment proposed: 14, page 2, line 17, at end insert—

“(1BA) Every contract made in accordance with subsection (1A) shall place a duty on the public sector company to consider the needs of—

(a) passengers;

(b) residents of rural areas;

(c) residents of areas underserved by the rail network; and

(d) the wider rail network

when considering making changes to existing service levels.” —(Helen Whately.)

Question put, That the amendment be made.

The Committee proceeded to a Division.

[The Chairman]

Will the Serjeant at Arms investigate the delay in the No Lobby?